Mis sold a new phone plan and tablet - Breach of contract?

[Helensification]

I wish I had seen your post and this whole thread prior to today.

I had exactly the same thing happen last August. The salesman in the EE shop said that we could get a free tablet with the phone/plan my husband wanted.

I was asked to sign two documents on a tablet to say I was agreeing to no insurance for the phone and tablet. 

I was not told that the tablet would have a 24 month contract of its own which will cost over £300 for a tablet that is not worth much. Great as a 'freebie' but not as a paid for product. 

Today I went to upgrade my phone and noticed the problem. yes I should have seen it last year but I trusted the stores staff (silly me).

Then today, I ask for the differences between two phones and was told there weren't any to speak of but one was slightly cheaper. I specifically asked about the camera and he said they were the same so i chose the scheaper option. I just opened it to start setting it up and my daughter pointed out it had a poorer camera. My existing is 64MP telephoto and this is 8MP. This is misrepresentation and I will contact the shop tomorrow but looking at this thread I don't have much hope of resolution 😞

[Chris_B]

@Helensification   Do you print out your pictures you take ?  Do you view them on a very larger screen ?  

 The tablet might not be worth £300 put the tablet had a data allowance that was also included in the contract price you also paying for that.     

[mikeliuk]

Hi @Helensification ,

You may be interested to read the Ofcom Code of Practice for this situation.

You should check with EE whether they still agree to adhere to this code of practice.

https://www.ofcom.org.uk/phones-telecoms-and-internet/information-for-industry/codes-of-practice

Code of Practice for the sales and marketing of subscriptions to mobile networks (PDF, 79.7 KB)

Entering into a contract
Before accepting an order, the reseller must take all reasonable steps to ensure that
the contacted person understands that he/she is entering into a contract, the key
features of that contract and the names of the contracting parties.
Once the contacted person has agreed to place an order, he or she must be
furnished with the appropriate information, which, at a minimum, should include:

a. A clear statement that a contract is being entered into, and the key
features of that contract including;
i. any minimum period of contract,
ii. minimum contract charges, and
iii. any early termination charges.
b. The name of the company or companies with which the customer is
contracting and its contact details (generally the reseller for the
handset, and the operator for the airtime. Sales incentives can come
from both parties. The details of each must be made clear to the
customer, if applicable).
c. Details of the cancellation rights that apply to the product and /or
services the customer is purchasing, including the period in which any
cancellation rights can be exercised and confirmation that the
customer has the right to change his or her mind without cost during
the cancellation period.

[Helensification]

Hi Chris_B

That is true about the data allowance but we did not need it.  I would not have entered into a contract for it, if that had been made clear at the time. I will be a lot more careful if I deal with EE in the future.

Yes I do print some photos and edit where required. Not all of them of course but enough fo this to annoy me.

[Helensification]

Hi Mikeliuk

That is very informative and I will definitely bear that in mind. Thank-you.

It will depend on any response I receive from EE. They were closed when I rang earlier but I will be trying again. 

[Leanne_T]

Morning @Helensification

Please let us know how you get on after contacting the retail store. 

Leanne 🙂

[Helensification]

Hello Leanne.

I will, thank-you

[Chris_B]

@mikeliuk  That’s great,  but was said at the point of sale.?  and I’m not even going to say was everything listened too.      You can not just assume one side as you’ll only ever hear what they want you do hear.   

[Leanne_T]

No problem @Helensification

Speak soon 🙂

Leanne. 

[Helensification · Accepted solution]

Quick update : The sales assistant and assistant manager in the shop were great. They offered to cancel the new policy and put me back on my old one than we will restart the process later this week. They took the phone back and I will get another when the process is complete.